Although asking for an attorney requires officers to cease questioning you, they may still arrest you if they think you have committed a crime or they have enough reason to believe you have committed a crime. If you spontaneously or voluntarily speak without being questioned, your words can be used against you.
You may even ASK if you’re under arrest and at that point the office must tell you yes or no. If no, beware of what you say, if yes. SHUT UP and ask for a lawyer. The “Detainment”. Here the cop is actually commanding you to remain with him/her …
Apr 09, 2015 · Three: Have you ever been sanctioned for, or accused of, attorney misconduct? You have a right to know whether your potential lawyer has violated, or even been formally accused of violating, the rules of professional responsibility. While you may be able to locate this information on the website of a state’s legal licensing authority, you should still ask the …
If you spontaneously or voluntarily speak without being questioned, your words can be used against you. Not only is it good to ask for an attorney, but you should also stop speaking until you have a chance to consult with an attorney on your case.
Can the police question me once I ask for an attorney? Police are required to stop their interrogation at the time you ask for an attorney, and cannot question you further until you have an attorney present. You must clearly communicate that you are asking for an attorney and that you do not wish to be questioned anymore.
Although asking for an attorney requires officers to cease questioning you, they may still arrest you if they think you have committed a crime or they have enough reason to believe you have committed a crime. If you spontaneously or voluntarily speak without being questioned, your words can be used against you.
The moment you say "I won't say anything without my lawyer", or some equivalent, the police must stop their questioning. They told you that you have the right to remain silent and to demand an attorney, and the moment you tell them you're exercising those rights, anything more they ask is very likely to be thrown out in court anyway. They'll stop.
So if you are arrested, the only thing you say is "I do not want to talk without my attorney present." And then (other than asking for basic needs), mean that, and keep your mouth firmly shut.
If you're guilty, they may not have sufficient evidence, or it may be weak without you incriminating yourself and you may get things plea bargained to nothing. If you're innocent, well, innocent people have been convicted before of crimes they didn't commit, and often because what they said in an interrogation was twisted around. The only reason the police arrest you is because they think you're guilty, and nothing you say will help you and it stands a very good chance of hurting you. The officer has a lot more experience at this than you do, and you're not going to outwit them.
Failure to do so will almost inevitably result in that evidence being suppressed at trial.
The police are allowed to detain and interrogate you in order to determine whether or not probable cause exists for an arrest. This can last hours if necessary, but if they can’t develop PC for an arrest, they have to let you go. What this period of time is, is dependent on the facts at hand, and is a judgeme.
It's the 5th amendment -- the right not to make the choice to incriminate yourself under oath or perjure yourself.
They can, however, restart the interrogation if you voluntarily restart the conversation without coercion or prompting. You can make basic requests, such as for food or water or to use the restroom, without that, but if you start discussing the situation or the crime again voluntarily, they may be able to restart questioning. If they do, though, you can always reiterate "I don't want to make any statement without my lawyer present." And then, once again, they must stop.
For example, if you are an individual with a particular legal problem, but the attorney your meeting with represents only corporations, this may not be the best lawyer for you. Likewise, you may wish to know the financial background of some of the lawyer's clients. This is because there may be different issues a lawyer is used to factoring when working with high net-worth individuals vs. college students.
First, if you are seeking an amicable divorce, for example, but the attorney is known to "go for the kill" in divorce cases, the attorney may not be the right one for you. Similarly, if you're looking for an aggressive attorney to handle an upcoming corporate merger, for example, you'll want someone who isn't afraid to push the envelope, so to speak.
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Lawyers tend not to give off-the-cuff answers to legal questions, because they know how big and complex and messy the law can be, how very small differences in circumstances can be very important, and how you need to read a whole contract carefully before answering an apparently simple question.
If I had a dollar for every time a client has asked me a “quickie” question for which the answer appeared to be X at first glance, but ultimately turned out to be Y after I learned more about the client’s situation , I would be rich.
You can ask introductory queries in an initial interview because the lawyer is not committed to taking your case, nor are you committed to employing the lawyer, but these questions have to be limited to rather general topics , both because it is likely that many more details are necessary to provide an informed opinion.
Further, it also depends upon the case and client. I dont think, any lawyer is so harsh to charge fee from a poor client or in cases of domestic violence, sexual harassment etc.
Lawyers also know that giving legal advice makes them liable for that advice, and so will not give any until they are your lawyer. And for that, they want paid.
Some lawyers will go as far as a free consultation. Rarely will they go further, unless they're hired on contingency or work for a charity. Others will not discuss legal matters for free at all. It depends on the lawyer, the question, and the context. 99 views.
Take the counsel and defend the client as best they can without mentioning that they know the client is guilty.
The position is similar in England and Wales (note that Scotland and Northern Ireland are different jurisdictions with different rules). Lawyers in England and Wales have, in essence, two duties: 1 A duty to the court 2 A duty to their client
In the USA, a lawyer has an ethical responsibility not to intentionally elicit perjured testimony. Typically, if a lawyer knows a witness perjured themselves, they have an obligation to inform the court or impeach the witness. The big exception to this is if the lawyer knows about the perjury from a privileged communication with their client. Then the obligation of the lawyer is to not elicit any more perjured testimony and not to reveal the privileged information to the court — instead, they may state to the court something along the lines of "ethical rules prevent me from continuing this line of questioning" (of course, not necessarily that exactly, but something similar to that). However, the lawyer also has a constitutional obligation to zealously defend their client. That means if a lawyer's client wishes to perjure themselves on the stand, the lawyer cannot reveal that to the court, but they cannot aid that perjury either. In such a case, a lawyer will typically move to be allowed to step off the case or, if a judge denies that request, they will typically ask their client to testify in a narrative form once they arrive at the portion of perjured testimony.
7. In most jurisdictions, the lawyer would have two options: Resign from counsel and never talk about the confession. Take the counsel and defend the client as best they can without mentioning that they know the client is guilty. In most jurisdictions, there is something called "attorney client privilege".
Meritorious Claims and Contentions. A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law.
The solution to this is often to put the prosecution to proof. Under English law, the defence does not need to make a case: the accused is presumed to be innocent, and it is for the prosecution to prove otherwise. Thus if a lawyer knows their client is guilty, one solution is to not produce any defence evidence (as this could lead to perjury or misleading the court), but to leave the prosecution to make out their case.
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.
Though criminal law has plenty of gray areas, we as a society try to avoid them (e.g., the “rule of lenity”), and imposing criminal liability on lawyers acting within the scope of their representation of others poses significant Constitutional due process and right to jury trial problems.
Another fact is that civil litigators tend to be, both by training and by nature, writers. The Curmudgeon’s Guide to Practicing Law, written primarily from a litigator’s perspective, emphasizes repeatedly the importance of taking writing seriously and of producing briefs, memos, and letters of which the author can be proud.